EUBANKS v. MYERS et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
SHAWN EUBANKS, 	:
Plaintiff, 	:
:
v. 	: 	No. 25-cv-2799
:
SERGEANT ERIKA MYERS, et al., 	:
Defendants. 	:
O R D E R
AND NOW, this 2nd day of January, 2026, upon consideration of the Motion to Dismiss
for Failure to State a Claim (ECF No. 13) and Motion to Dismiss for Lack of Prosecution (ECF
No. 18) filed by Defendants Sergeant Erika Myers and Detective Lackman, and Plaintiff Shawn
Eubanks’s failure to comply with the Court’s Orders (ECF Nos. 11, 12, 14, 15, 19), it is
ORDERED that:
1. 	The Motion to Dismiss for Lack of Prosecution (ECF No. 18) is GRANTED.
2. 	The Complaint is DISMISSED WITH PREJUDICE due to Eubanks’s failure to
prosecute this case, for the reasons stated in the Court’s accompanying Memorandum applying
the factors announced in Poulis v. State Farm Fire and Cas. Co., 747 F.2d 863 (3d Cir. 1984).
3. 	Defendants’ Motion to Dismiss for Failure to State a Claim (ECF No. 13) is
DENIED AS MOOT.
4. 	The Clerk of Court is DIRECTED to CLOSE this case.
BY THE COURT:
/s/ Joseph F. Leeson, Jr.
JOSEPH F. LEESON, JR.
United States District Judge
Case 2:25-cv-02799-JFL Document 21 Filed 01/02/26 Page 1 of 1